HomeMy WebLinkAbout2913 1 RESOLUTION NO 2 9 1 3
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, APPROVING THE PRELIMINARY PLAT OF A 38-LOT SINGLE-
FAMILY SUBDIVISION LOCATED WESTERLY OF WEST VALLEY HIGHWAY AND
4 NORTHWESTERLY OF 11TH STREET NW, WITHIN THE CITY OF AUBURN,
WASHINGTON
5
6 WHEREAS, Application No PLT0002-97 , dated May 23 , 1997,
7 has been submitted to the City of Auburn, Washington, by
8 INTRACORP, requesting approval of a Preliminary Plat for a 38-
9 lot single-family subdivision located westerly of West Valley
10 Highway and northwesterly of 11TH Street NW, within the City
11 of Auburn; and
12 WHEREAS, said request above referred to was referred to
13 the Hearing Examiner for study and public hearing thereon; and
14 WHEREAS, pursuant to staff review, the Hearing Examiner
15 conducted a public hearing to consider said petition in the
16 Council Chambers of the Auburn City Hall on December 16 , 1997
17 at 7 00 p m , at the conclusion of which the Hearing Examiner
18 recommended approval of the Preliminary Plat ; and
19 WHEREAS, at the regular meeting of the City Council on
20 January 5 , 1998 , the City Council moved to hold a closed
21 record hearing on the Preliminary Plat; and
22 WHEREAS, at the regular meeting of the City Council on
23 January 20 , 1998 , the City Council conducted a closed record
24 hearing to consider said petition in the Council Chambers of
25
26
Resolution No 2913
February 2, 1998
Page 1
1 the Auburn City Hall at 7 30 p m , at the conclusion of which
2 the City Council recommended approval of the Preliminary Plat
3 based upon the following Findings of Fact and Conclusions, to-
4 wit
5
6 FINDINGS OF FACT
7 1 The applicant, Intracorp, has requested preliminary plat
approval for a 38 lot single family subdivision The plat
8 is located westerly of the West Valley Highway and
northwesterly of 11` Street NW The plat will abut the
9 north side of the existing Vistara Division #1 This
proposed plat is part of a larger preliminary plat that
10 was approved by the City in 1991 The plat was previously
11 known as "Sunning Hills" and the preliminary plat was
approved for 96 lots The first phase of the plat
12 received final plat approval in 1995 for a total of 55
lots A number of homes have been constructed on those
13 lots
14 2 The original preliminary plat that was approved in 1991
did however expire prior to the completion of Division #2
15 Since the preliminary plat expired a new preliminary plat
for Division #2 needed to be secured before a final plat
16 could be approved
17 3 In conjunction with the preliminary plat a surface mining
permit is also being processed This permit will allow
18 for the excavation of 88 , 000 cubic yards of material
33 , 000 cubic yards will be used on-site, as fill and the
19 remainder will be exported off-site The excavation is
needed in order to create building lots for the single-
20 family homes Steeper slopes, which are not conducive for
single family lots, encumber this part of the plat The
21 previous approval did not contemplate a mining permit It
did, however, become apparent with the construction of
22 Division #1, that the previous approval did not fully
address the amount of slope on the property and the need
23 for substantial excavation to create buildable lots It
was determined that excavation on a lot by lot basis was
24 not as effective as excavating a larger area
25
26
Resolution No 2913
February 2, 1998
Page 2
1 4 The proposed preliminary plat is reasonably similar to the
2 previous plat with the following exceptions The number of
lots is reduced from 41 to 38 A short public cul-de-sac
3 at the northwest corner is being replaced by a private
access tract The private access tract will provide
4 access to two lots (16 & 17) while the previous cul-de-sac
was going to provide access to seven lots A larger open
5 space tract is also being set aside because of the steeper
unbuildable slopes A mining permit is now required to
6 allow for the additional excavation that is now being
proposed and most if not all of the trees will be removed
within the areas that will be excavated As construction
of Division #1 commenced it was soon discovered that it
8 was not possible to save as many of the native trees as
was originally thought This is due to a disease (root
9 rot) that caused a number of trees to be removed, and more
trees were required to be removed for grading of the
10 streets and building pads
11 5 Section 17 12 250 of the Land Division Ordinance requires
that each lot have at least 20 feet of frontage on a
12 public street Since a private access tract is being
proposed, to serve lots 16 and 17, a modification to the
13 standard of having each lot abut a public street needs to
be processed Chapter 17 18 of the Land Division
14 Ordinance does allow for such modifications if approved by
the Hearing Examiner It is recommended that the
15 modification be approved in that the topography of the
site would require substantial more excavation to
16 accommodate the construction of a public street than the
private access
17 6 The contents of the case file #PLT0002-97 and the
18 environmental file #SEP0028-97 of this project are made a
part of the record herein
19
20 CONCLUSIONS OF LAW
21 1 There are a series of criteria which must be established
before a preliminary plat can be granted These criteria
22 are identified in Section 17 06 070 of the Land Division
Ordinance
23
2 Adequate provisions are made for the public health,
24 safety and general welfare and for open spaces, drainage
ways, streets, alleys, other public ways, water supplies,
25
26
Resolution No 2913
February 2, 1998
Page 3
1 sanitary wastes , parks, playgrounds and sites for schools
and school grounds
2
The prior approved preliminary plat met all of these
3 provisions The revised plat does not lessen any of
these provisions
4
3 Conformance of the proposed subdivision to the general
5 purposes of the Comprehensive Plan
6 The underlying Comprehensive Plan designation is single
family which this proposed plat is consistent with
7
4 Conformance of the proposed subdivision to the general
8 purposes of any other applicable policies or plans which
have been adopted by the City Council
9
There are no other applicable plans that pertain to this
10 proposed revision
11 5 Conformance of the proposed subdivision to the general
purposes of the Land Division Ordinance as enumerated in
12 Section 17 02 030
13 The proposed plat is consistent with the general purposes
in that it provides for a single family neighborhood,
14 provides for adequate travel on public streets, provides
for additional open space, and provides for adequate
15 infrastructure
16 6 Conformance of the proposed subdivision to the Auburn
Zoning Ordinance and any other applicable planning or
17 engineering standards and specifications as adopted by
the City
18
The plat has been designed to be in compliance with the
19 Zoning Ordinance and other applicable engineering or
planning standards
20
7 The potential environmental impacts of the proposed
21 subdivision are mitigated such that the preliminary plat
22 will not have an unacceptable adverse effect upon the
quality of the environment
23 A Mitigated Determination of Non-significance was issued
November 22 , 1997 and contained 12 conditions of approval
24 that deal with geotechnical issues, erosion and storm
25
26
Resolution tdc 2913
February 2, 1999
Page 4
1 drainage control, haul routes, wetlands, open space and
landscaping
2
3
For each of the above stated reasons, the recommendation
4
of the Hearing Examiner to the Auburn City Council on the
5
application is conditional approval , subject to the following
6
for a Preliminary Plat
7
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
8
9 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES THAT
10
11 Section 1 . The above cited Hearing Examiner' s Findings
12 and Conclusions are herewith approved and incorporated in this
13 Resolution
14 Section 2 . The Preliminary Plat for a 38-lot single-
15 family subdivision located westerly of West Valley Highway and
16 northwesterly of 111 Street NW, within the City of Auburn,
17 and legally described on attached Exhibit "A" is hereby
18 approved subject to the following conditions
19
20 1 The open space as identified on the preliminary plat
21 drawing as "Tract A" shall be recorded as part of the final
22 plat and shall be legally described The tract shall also
provide the City of Auburn with an easement to allow the
23 tract to be used for passive recreation uses, i e , trails
24
25
26
Resolution No 2913
February 2, 1998
Page 5
1 The exact language to be recorded on the Final Plat shall
2 be approved by the Planning Director
3 2 The City Engineer shall approve the construction standards
of the private access tract that will provide access to
4 lots 16 and 17 The Fire Marshal shall also approve the
5 construction, which may include an emergency turn around,
fire hydrant, or sprinklering the two homes
6 3 In order to mitigate for the removal of the vegetation, the
applicant shall be responsible to provide for street tree
planting within each front yard of each lot and to provide
8 for rear yard tree planting for each lot The street tree
planting shall consist of deciduous trees, similar to what
g has been planted in the other Division, that are 2 to 2 5
inches in diameter at the time of planting and are planted
10 on an average spacing of 25 feet The rear yard planting
shall consist of a mix of deciduous and coniferous trees
with the deciduous trees 2 to 2 5 inches in diameter at the
11 time of planting The coniferous trees shall be 4 to 6
12 feet in height at the time of planting All trees shall be
planted with an average spacing of 25 feet within the rear
13 yard of each lot The proposed tree planting shall be
submitted for review and approval as a revision of
14 previously prepared Slope Restoration and Existing Tree
Retention Plan by Triad Associates
15 All trees shall be planted prior to final plat approval of
16 the corresponding subdivision or in order to avoid conflict
with the home building the trees may be planted subsequent
17 to the construction of the home The applicant shall then
post a bond or similar financial guarantee that ensures the
18 trees are planted within 3 years of the final plat approval
of the corresponding subdivision
19 The applicant shall also post a bond or similar financial
20 guarantee that ensures the trees will survive for two years
following planting of the trees and that any dead or
21 unhealthy trees will be replaced
22 The applicant shall prepare language to be recorded as part
of the Final Plat and as part of any restrictive covenants
23 indicating that the homeowner is responsible for the
maintenance and retention of the trees Tree removal or
24 replacement, as required by this condition, is only allowed
if there is a documented public safety concern Any tree
25
26
Resolution No 2913
February 2, 1998
Page 6
1 removal or replacement shall be approved by the Auburn
Planning Director
2
4 The conditions of the Final Mitigated Determination of Non-
3 Significance are incorporated as conditions by reference
4 5 A statement on the final plat for recordation against all
lots stating that instability of slopes may exist and the
5 prospective property owner should consult a geotechnical
advisor
6
7 6 The private street to serve lots 16 and 17 shall be signed
as a private street
8
9 Section 3 . The Mayor is hereby authorized to implement
10 such administrative procedures as may be necessary to carry
11 out the directives of this legislation
12 DATED and SIGNED this 2nd day of February, 1998
13 CITY OF AUBURN
14 nn n�
15 �u(iles p
16 CHARLES A BOOTH
MAYOR
17 ATTEST
18
19 Aikak_g: 4).11414-42A-1
20 Danielle E Daskam,
City Clerk
21
22 APPROVED AS TO FORM
23 (\
2A
Michael J Reynolds,
25 City Attorney
26
Resolution No 2913
February 2, 1998
Page 7
LEGAL DESCRIPTION
A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP
21 NORTH, RANGE 4 EAST,W.M., IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER;
THENCE S88°13'30"W ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER A DISTANCE OF 394.84 FEET TO THE POINT OF BEGINNING;
THENCE 531°00'11'E 96.00 FEET,
THENCE SO4°41'32'E 314.00 FEET
THENCE S80°23'00'W 113.94 FEET TO THE EASTERLY MARGIN OF PIKE STREET NW;
THENCE S2713'35'W 90.78 FEET TO A POINT ON THE WESTERLY MARGIN OF PIKE STREET NW;
THENCE N88°19'15'W 107.96 FEET,
THENCE S01°40'45'W 89 85 FEET
THENCE S62°31'14'E 16.48 FEET TO THE NORTHWEST MARGIN OF 10TH COURT NW AND THE POINT OF
CURVATURE OF A NONTANGENT CURVE TO THE LEFT, FROM WHICH POINT THE RADIUS POINT OF SAID
CURVE BEARS S38°29'35'E 125.00 FEET DISTANT,
THENCE SOUTHWESTERLY ALONG SAID MARGIN AND THE ARC OF SAID CURVE, PASSING THROUGH A
CENTRAL ANGLE OF 32°49'17'AN ARC DISTANCE OF 71.61 FEET
THENCE S62°24'01'W 84.31 FEET,
THENCE S26°43'56'W 129.09 FEET,
THENCE S08°44'26"W 60 20 FEET
THENCE N85°10'17'W 126.93 FEET TO THE EASTERLY MARGIN OF R STREET NW;
THENCE N49°43'26'W 53.94 FEET TO A POINT ON THE WESTERLY MARGIN OF R STREET NW'
THENCE N76°46'20"W 154.46 FEET
THENCE N56°18138'W 29.11 FEET,
THENCE N89°19'S6'W 90.00 FEET
THENCE S22°39'27"W 89.14 FEET,
THENCE N76°03'40'W 74.32 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER;
THENCE N00°29'44'W ALONG SAID WEST LINE 797.60 FEET TO THE NORTHWEST CORNER OF SAID
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER;
THENCE N88°13'30'E ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER 906.00 FEET TO THE POINT OF BEGINNING.
EXCEPT ANY PORTION THEREOF LYING WITHIN THE PLAT OF VISTARA DIVISION ONE, AS RECORDED IN
VOLUME 174 OF PLATS AT PAGES 78 THROUGH 83, RECORDS OF KING Comm', WASHINGTON.
r,�d
Exhibit "A"
Resolution 2913 y
RECORDS MANAGEMENT
ORDINANCE/RESOLUTION DISTRIBUTION
ORDINANCE NO DATE ADOPTED• /9f1'
RESOLUTION NO. °Z. 7/3 EFFECTIVE DATE.
RECORDING FILE. CODE BOOK.
DEPARTMENT DISTRIBUTION
DEPT "CONTACT: , ;.'DATE
CITIZEN REQUESTS
NAME ADDRESS '' :;4 DATE
F CLERK\RECORDS\RECFORM
CO'Or
CHARLES A,BOOTH,MAYOR AUBURN CITY CLERK
Danielle Daskam,City Clerk ,'.burn 25 West Main, Auburn,WA 98001
Cathy Richardson, Deputy City Clerk Auburn 111 1l City Clerk:(253)931-3039
Tame Bothell, Records/License Clerk Business Registration:(253)931 3007 Fax:(253)288-3132
48hi 110,t°
STATE OF WASHINGTON)
) ss.
COUNTY OF KING
I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of Auburn,
a Municipal Corporation and Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full, true and correct copy of
Resolution No. 2913 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2913 "
I certify that said Resolution No 2913 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 2nd day of February, 1998
Witness my hand and the seal of the City of Auburn this 23rd day of February, 1998
Danielle Daskam, City Clerk
City of Auburn